(1) (a) (i) A contractor that is an unincorporated entity shall file an ownership status report with the division every 30 days beginning 30 days after the day on which the division issues the license if the contractor has more than five owners who are individuals that: (A) own an interest in the contractor; (B) directly or indirectly own less than an 8% interest in the unincorporated entity as defined by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (C) engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection (1)(a)(i)(A). (ii) A contractor that is an unincorporated entity shall file an ownership status report with an application for renewal of licensure if the contractor has five or fewer owners described in this Subsection (1)(a)(i). (b) An ownership status report shall: (i) specify each addition or deletion of an owner from the day after the day on which: (A) the division licenses the unincorporated entity, for the first ownership status report; and (B) the contractor files a previous ownership status report for a later ownership status report; (ii) be in a format the division approves and include the information required by Subsection (2) (a)(ii) for each owner, regardless of the owner's percentage ownership in the unincorporated entity; (iii) list the name of: (A) each officer or manager of the unincorporated entity; and (B) each additional individual involved in the operation, supervision, or management of the unincorporated entity; and (iv) be accompanied by a fee the division sets in accordance with Section 63J-1-504 if the ownership status report indicates there is a change. (c) At any time, the division may audit an ownership status report under this Subsection (1) to determine if the unincorporated entity: (i) demonstrates financial responsibility in accordance with Section 58-55-205; and (ii) complies with Subsection 58-55-601(19), (20), or (21) or Subsection 58-55-603(6). (2) An unincorporated entity that provides labor to an entity licensed under this chapter by supplying an individual who owns an interest in the unincorporated entity to engage in a construction trade shall file with the division: (a) before the individual engages in a construction trade, a current ownership list that includes: (i) each individual who holds an ownership interest in the unincorporated entity; and (ii) for each individual: (A) the individual's name, address, birth date, and social security number; and (B) the individual's engagement in a construction trade; and (b) every 30 days after submitting the ownership list under Subsection (1)(a), an ownership status report that includes the same information required under Subsection (1)(a) as if the unincorporated entity were a licensed contractor. (3) An unincorporated entity shall pay a fee the division sets in accordance with Section 63J-1-504 when filing an ownership status report described in Subsection (1)(a). (4) Nothing in this chapter creates or supports an independent contractor relationship between an unincorporated entity described in Subsection (1) or (2) and the unincorporated entity's owners. (5) (a) A social security number an individual provides under this section is a private record under Subsection 63G-2-302(1)(i). (b) The division may classify an applicant's evidence of identity under this section as a private record in accordance with Section 63G-2-302.
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